Patrice Nkhono lead lawyer for Thom Mpinganjira the accused in the Judges Bribery case has argued that there is no proof that the parcel that his client intended to give to the judges contained money, said it might contained face masks.
Nkhono made the argument today in court during oral submission on whether or not Mpinganjira has a case to answer.
Witnesses in the Judges Bribery case who are the judges that presided over the hearing of Presidential elections case alleged that Mpinganjira said he had a parcel he wanted to give Judge Healey Potani which is to be shared among the judges.
However, the content of the parcel is not disclosed.
Making his presentation, Nkhono said that if the contents of the parcel are not discussed and disclosed, then the offence of inducing a public officer to abuse his office cannot stand because there is no evidence.
According to Nkhono, Mpinganjira never asked Judge Tembo to give the parcel to Justice Potani who would share it to his fellow judges.
He added that, there is no evidence showing that his client instructed Justice Tembo on how the presidential election case was supposed to be decided.
Nkhono further states that Mpinganjira was not a party to the presidential election case.
Furthermore, Nkhono says he feels that there was no reason to jump into conclusion that the said parcel was aimed at Influencing the Constitutional Court to rule in favor of the then ruling Democratic Progressive Party (DPP) and the electoral body Malawi Electoral Commission (MEC) when the accused never disclosed where the money was coming from and its purpose.
Meanwhile, Anti-Corruption Bureau (ACB) Director General Reyneck Matemba has started presenting his oral submission to the court.
